Art Law Report

...or maybe not. Detroit Institute of Arts Backs Off Van Gogh Deaccessioning

Posted by Nicholas O'Donnell on May 14, 2015 at 9:58 AM

The Detroit News ran a story today (in which I'm quoted) about the proposed deaccession of an early Van Gogh from the Detroit Institute of Arts, a topic we've covered recently. Somewhat surprisingly, after the museum made its case for the sale of the painting, those plans have apparently changed. From today's article by Laura Berman concerning director Graham W.J. Beal's statements about the museum's plans:

Read More

Topics: Deaccession, Graham W. J. Beal, Laura Berman, Pamela Marcil, Van Gogh, Detroit Institute of Arts, Museums, Detroit Bankruptcy

Detroit and Deaccessioning—the Museum Responds

Posted by Nicholas O'Donnell on May 11, 2015 at 8:24 AM

We mused recently about (and tried to clarify) the possible tension between the Detroit Institute of Arts’ successful scuttling of any plans to consider selling its collection to satisfy the city’s debts in the Detroit Bankruptcy. The purpose of the post was not guileful: it seemed likely that many readers might be confused about how Detroit could propose to sell artwork when so much coverage had been addressed to the idea of not selling artwork. In fact, the two ideas are entirely consistent with the consensus of museum governance ethics, but we thought it was an occasion to prompt discussion about the policy behind those ethical guidelines. After all, apart from New York, the rules of deaccessioning are not actually law, they are enforced essentially through collective opprobrium. To facilate that discussion, I quoted Donn Zaretsky, a prominent critic of the status quo, for readers to consider on the one hand, against the guidelines themselves on the other hand.

Read More

Topics: Donn Zaretsky, Deaccession, Detroit bank, Graham W. J. Beal, Randy Kennedy, Deaccessioning, Van Gogh, Detroit Institute of Arts, DIA, Museums, New York Times, Chagall, Detroit Bankruptcy, Art Law Report

Deaccessioning in Detroit?

Posted by Nicholas O'Donnell on April 14, 2015 at 11:30 AM

Readers will no doubt be puzzled by the news this week that the Detroit Institute of Arts—fresh off of the Grand Bargain, in which an infusion of donations and fundraising led to the transfer of the collection’s ownership back to the museum and off the table in the context of the Detroit Bankruptcyis moving ahead with plans to deaccession works of art in its collection, a Van Gogh in particular. There are a number of things going on in this latest development, which need to be distinguished.

Read More

Topics: Graham Beal, Deaccession, Delaware Museum of Art, American Alliance of Museums, Donn Zaretzky, Deaccessioning, AAM, Van Gogh, Detroit, Detroit Institute of Arts, Association of Art Museum Directors, Museums, Detroit Bankruptcy, AAMD, grand bargain

Claims by Mendelssohn Bartholdy Heirs over Picasso "Madame Soler" Dismissed, Court Finds No FSIA Jurisdiction After Evidentiary Hearings

Posted by Nicholas O'Donnell on July 1, 2014 at 10:49 AM

The U.S. District Court for the Southern District of New York has dismissed claims for ownership of Madame Soler by Pablo Picasso, currently at the Pinakothek der Moderne in Munich. Just as the relevance of Judge Jed Rakoff’s comments over another art restitution case brought by the heirs of Paul von Mendelssohn Bartholdy unexpectedly came to the fore recently, Judge Rakoff’s decision is now the most recent in a line of frustrations for the heirs of Mendelssohn Bartholdy, a victim of Nazi persecution in Berlin in the 1930s. The ramifications of this case may be fairly narrow, however, as the case was premised on allegations of specific transactions in New York rather than general allegations about the conduct of Germany. The claimants could appeal, or perhaps turn to the Limbach Commission if they could be heard (the Pinakothek is a subdivision of Germany for jurisdictional analysis, but it’s unclear at first blush if the Commission would view this claim as within its province).

Read More

Topics: Paul von Mendelssohn Bartholdy, Berlin, commercial activity exception, Cornelius Gurlitt, Florence Kesselstatt, Judge Jed Rakoff, Halldor Soehner, Saint-Jean-Cap-Ferrat, Julius Schoeps, Upper East Side, Prussia, Max Liebermann, Night Café, Gurlitt Collection, Foreign Sovereign Immunities Act, Preussen, France, State Paintings Collection, Madame Soler, Museum of Modern Art, Edelgard von Lavergne-Peguilhen, Van Gogh, Munich, Justin K. Thannhauser, FSIA, expropriation exception”, Nazi persecution, Boy Leading a Horse, Restitution, David Toren, Bayerische Staatsgemäldesammlung, Bavarian State Ministry for Education and Culture, Free State of Bavaria, World War II, Foreign Sovereign Immunities, Pinakothek der Moderne, Bayerisches Staatsministerium für Bildung und Kult, Bundesländer, Altmann v. Republic of Austria, Freistaat Bayern, Le Moulin de la Galette, Kurt Martin, München, Pablo Picasso, Federal Republic of Germany, Limbach Commission, Wissenschaft und Kunst

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Posts by Topic

see all